Google Play for Education Addendum to the Google Chrome Web Store Developer Agreement

In connection with the Google Chrome Web Store, Google may make certain Chrome Web Store applications available in Google’s Play for Education site. If You or Your organization is interested in participating, please verify that the Contact Information below is correct and that the person listed is a qualified representative from Your organization. That person needs to read and accept the terms and conditions below.

Definitions

Chromebook
an electronic device running Google Chrome OS as its operating system.
Developer or You
Any person or company who is registered to develop products for publication and distribution on the Google Chrome Web Store in accordance with the terms the Agreement.
Play for Education Communication
means written or electronic communications by Google to You related to Play for Education.
Play for Education
means only in connection with Play for Education Chrome Apps, a website accessible only to educators and administrators within institutions in North America, on which Android Developers and Google Chrome Web Store Developers can distribute software, content and digital materials created for use and distributed for devices, including but not limited to, Chromebooks.
Product
means content and digital materials created for use in connection with and distributed via the Google Chrome Web Store and Play for Education.
Selected Products
Products distributed via the Google Chrome Web Store that are selected to include in Play for Education.
Web Store
The Google Chrome Web Store site operated by Google, where Developers can publish Products for direct distribution to users of Google Chrome.

1. Introduction

You acknowledge that You have agreed to the Google Chrome Terms of Service (found at http://www.google.com/chrome/intl/en/eula_text.html) and the Google Chrome Web Store Developer Agreement (found at https://developers.google.com/chrome/web-store/terms) (collectively, the “Agreement”). This document, which incorporates by reference the terms and conditions of the Google Play Developer Distribution Agreement (found at http://play.google.com/about-developer-distribution-agreement.html) (collectively, the “Addendum”), adds additional terms and conditions to the Agreement covering Your participation in Play for Education. This Addendum is hereby incorporated by reference into the Agreement. Capitalized terms not defined in this Addendum shall have the meanings set forth in the Agreement.

2. Accepting this Addendum

2.1 If You wish to participate in Play for Education, You must first agree to this Addendum by clicking to accept where this option is made available to You or by affirmatively responding to participate in Play for Education.

2.2 By clicking to accept or by affirmatively responding to participate in Play for Education, You (a) accept the terms and conditions of this Addendum and acknowledge that it is a legally binding agreement; and (b) represent and warrant that that You: (i) are of legal age to form a binding contract with Google; (ii) are not a person or entity barred from using Google Chrome software under the laws of the United States or other countries, including the country in which You are resident or from which You use the Google Chrome software; and (iii) have full power, capacity, and authority to accept this Addendum on Your behalf or on behalf of Your employer or other entity if You are participating on the behalf of Your employer or other entity.

2.3 Do not accept this Addendum if You do not wish to participate in Play for Education.

3. Participation

3.1 If You wish to offer Your Product to be considered for selection as a Selected Product in Play for Education, You must agree to this Addendum, have a valid Web Store developer account, and meet any additional criteria specified in Play for Education and the applicable Play for Education Communications.

3.2 If Your Product is a Selected Product, then You must make Your Product available in accordance with the criteria specified in Play for Education and the applicable Play for Education Communications.

4. Your Product

4.1 Marketing. You will be responsible for uploading Your Products in accordance with the Web Store’s and Play for Education’s terms and conditions, including, but not limited to providing required Product and Selected Product information to users, and accurately disclosing the security permissions necessary for the Product and Selected Product to function on user machines, hardware, or other devices. Products and Selected Products that are not properly uploaded will not be published in the Web Store or Play for Education or made available in Play for Education.

4.2 Content requirements and restrictions. In addition to the Content Policies contained in the Google Play Developer Program Policies, Developers must ensure that the content of each app, and any ads they contain, meet the following requirements:

4.2.1 You must identify any app:

  • containing advertising; or
  • offering in-app purchases of any type using the means specified in the developer console

4.2.2. If apps contain ads, the ads must be clearly distinguishable from other app content. Other app content must not be used as means of promoting commercial products in a manner unrelated to the functions of the app.

4.2.3. If an app contains messaging functionality, or collects or uses the user’s geo-location, You must notify users of these functions clearly and prominently in the app description in addition to obtaining any user consents that are required under applicable law.

4.2.4. Apps and the ads they contain must not request users to input personal information or collect such information, except for the purpose of verifying the user’s entitlement to use the app.

4.2.5 Apps must not perform any of the following functions:

  • tracking other apps or content installed on the user’s device; collect or store geo-location data from the user’s device without consent or for purposes unrelated to the educational functioning of the app;
  • collect or store information to build profiles of the user for commercial purposes unrelated to the educational function of the app; or
  • add bookmarks, shortcuts or icons to the user’s device for third party services, advertising or any function other than to provide access to the app. Apps must not contain sexually suggestive content or portray violence.

4.3 Transparency. Your app’s title and description must contain accurate information about the app’s content and functioning, and must not be misleading or deceptive. App descriptions should be designed to assist an educator to assess the app’s suitability for educational use.

4.4 COPPA compliance. The laws of some countries, including the United States, impose restrictions on the online collection and use of information from children. You acknowledge that You are responsible for ensuring that each app that You include in Play for Education complies with the Children’s Online Privacy Protection Act and all other applicable laws and regulations.

4.5 Free trial period. Apps participating in this program must be made available for download and use to educators and administrators within institutions for no charge for a trial period of up to 24 hours (if and when paid transactions of Chrome apps become available through Play for Education).

4.6 Volume purchases. Each institution participating in this program may make purchase access rights to an app on behalf of a number of end users associated with the institution by paying the applicable charges for the access rights granted to each end user (if and when paid transactions of Chrome apps becomes available through Play for Education). App charges may be subject to discounts for volume purchases as set forth and agreed by You in the developer console from time to time.

4.7 Payment for Premium Access. Developers offering, promoting or making available additional paid content, services or functionality for use within an app downloaded from Play for Education must make that content, services or functionality available for sale through Play for Education (when the relevant transaction type becomes available through Google Play for Education), and the exceptions to the requirement to use Google Play’s payment system for in-app purchases of digital content or goods noted in the Google Play Developer Program Policies shall not apply. Additionally, if and when Play for Education supports payment for Chrome apps, any Chrome apps available for sale through other payment systems must also be made available through Play for Education. This term supersedes pricing and payments terms covered in sections 3.1 and 3.2 of the Google Chrome Web Store Developer Agreement.

4.8 Blocking of In-app Purchases. Google or educational institutions may disable end users within the institution from making in-app purchases from any app participating in the program.

4.9 Reassignment of apps. Once an institution has made a free or paid app available to a user through Play for Education, the institution may withdraw access from that user and assign it to another member of the institution any number of times without additional charge. After an institution reassigns an app to a new user, the user previously granted access to the app will no longer have access to the app through the user’s account. If You do not wish Your app to be reassignable in this way, You should not make it available through Play for Education. You may withdraw Your app from Play for Education at any time and future purchases of Your app will not be reassignable. However, any copies of Your app purchased while Your app was part of Play for Education will continue to be reassignable, and are eligible for support and upgrades pursuant to the terms of the Google Play Developer Distribution Agreement.

4.10 Nothing in this Addendum or in the Agreement obligates Google, its licensors or third party agents to use or market a Product or Selected Product in the Web Store or Play for Education.

5. Removals and Takedowns

5.1 If You wish to remove Your Selected Product from Play for Education, You must provide written notification to Google no less than 30 days prior to removal. After removing Your Selected Product from Play for Education or Web Store, all removal and takedown terms and conditions contained in the Agreement will continue to apply.

5.2 A Selected Product or Product may be removed by Google from Play for Education at any time in accordance with the removal terms and conditions contained in Play for Education or the applicable Play for Education Communications, this Addendum, the Agreement, or if You violate the terms and conditions of Play for Education, or Play for Education Communication, this Addendum, or the Agreement.

6. Terminating this Addendum.

This Addendum will continue to apply until terminated by either You or Google as set out below.

6.1 If You want to terminate this Addendum, You must provide Google with thirty (30) days prior notice (unless this Addendum terminates early under the terms and conditions of Play for Education, and Play for Education Communication, or the Agreement).

6.2 Google may at any time, terminate this Addendum with You if

(a) You have breached any provision of Play for Education, Play for Education Communication, this Addendum, or the Agreement; (b) Google is required to do so by law; (c) Google decides to no longer make Play for Education available; or (d) Google decides to no longer provide the Web Store or Play for Education.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN PLAY FOR EDUCATION IS AT YOUR SOLE AND PLAY FOR EDUCATION IS PROVIDED OR PRODUCED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO THE TIMING, FREQUENCY, OR IMPLEMENTATION OF PLAY FOR EDUCATION.

GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS DISTRIBUTORS, SUBSIDIARIES, AGENTS AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9. Indemnification

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from Your participation in Play for Education in violation of any Play for Education Communication, this Addendum, the Agreement, the Web Store Program Policies, or any applicable laws (including but not limited to accessibility) or regulations.

This Addendum along with the terms of Play for Education, Play for Education Communication, and the Agreement constitute the whole legal agreement between You and Google and governs Your participation in Play for Education.

The terms of Play for Education, applicable Play for Education Communication, this Addendum, the Agreement, the Google Chrome Web Store Developer Agreement, Google Chrome Web Store Program Policies, and Google Chrome Terms of Service shall take precedence in that order, if there is a conflict between them, to the extent of such conflict. Except as modified by or included in this Addendum, the terms and conditions of the Agreement will remain in full force and effect.